Res 92-188RESOLUTION NO. 92-188
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWA¥, CALIFORNIA
APPROVING THE TRANSFER OF REAL PROPERTY BY THE POWAY REDEVELOPMENT
AGENCY PURSUANT TO AN OWNER PARTICIPATION AGREEMENT
WITH MC MILLIN COMMUNITIES, INC.
WHEREAS, the Poway Redevelopment Agency (hereinafter referred to as the
"Agency") under the provision of the California Community Redevelopment Law, is
engaged in activities necessary for the execution of the Redevelopment Plan for
the Paguay Redevelopment Project Area (hereinafter referred to as the "Project
Area"); and
WHEREAS, in order to effectuate the provision of that Redevelopment Plan,
the Agency proposes to transfer certain property owned by the Agency within the
Project Area, generally described and depicted on the attached Plat Map and Legal
Description for Boundary Adjustment BA 90-07 (Exhibit A); and
WHEREAS, McMillin Communities, Inc. (hereinafter referred to as the
"Participant") has entered into an Owner Participation Agreement recorded on
May 2, 1991 as document 1991-0202942 in the San Diego County Recorder's Office
(hereinafter referred to as the "Agreement") with the Agency for transfer of the
property to constitute a portion of the consideration for Participants
performance under the Agreement; and
WHEREAS, the Agreement provides that the Participant shall not be required
to pay any additional consideration for such transfer and the Agency deems the
property to be worth $13,500.00; and
WHEREAS, the Agreement contains the provisions, terms, and conditions for
the transfer of those portions of Lots 119, 120, and 121 shown on Tentative Tract
Map No. 88-04R, which are currently owned by the Agency in accordance with the
purposes and objectives of the Redevelopment Plan and the Project; and
WHEREAS, the Agency has duly considered all terms and conditions of the
proposed transfer and believes that the development of the property pursuant to
the Agreement is in the best interests of the City and the health, safety,
morals, and welfare of its residents, and in accord with the public purposes and
provisions of applicable State and local law requirements.
NOW, THEREFORE, the City Council of the City of Poway does hereby find,
determine, order, and resolve as follows:
Section 1. The recitals hereof are true and correct and are incorporated
herein by reference.
Section 2. The transfer of the real property by the Redevelopment Agency
to the Participant as described in the Agreement is hereby approved.
Resolution No. 92-188
Page 2
PASSED, ADOPTED, AND APPROVED by the City Council of the City of Poway at
regular meeting thereof this 20th day of Oc~tober,~lg92.
Ja~~Mayor
ATTEST: '"'"~...._. !
arjorie K. Wahlsten, City Clerk
STATE OF CALIFORNIA )
) SS.
COUNTY OF SAN DIEGO )
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify
under penalty of perjury that the foregoing Resolution No. 92-188 was duly
adopted by the City Council at a meeting of said City Council~n the 20th
day of October, 1992, and that it was so adopted by the following vote:
EMERY, HIGGINSON, MCINTYRE, SNESKO, GOLDSMITH
AYES:
NOES:
ABSTAIN:
ABSENT:
NONE
NONE
NONE
Marjorie~(. Wahlsten, City Clerk
City o~.P°way
EXHIBIT "A"
CITY OF POWAY
PLAT
Resolution No. 92-188
Page 3
I SCALE I IN' 60 FT SHEET I OF 2
i~ NOTES: ' d~. o~.o ~M~r~o
J~ I.SEWER AND WATER SERVICE IS PROVIDED BY THE CiTY
~P~ OF POWAY.
-/- 2.CONT(~JRS ON SHEET 2 ARE. FROM AERIAL TOPOGRAPHIC . NORTHLINE
- N- MAPPING. SECT iON 26-
I
:5, ASSES NO.S: PARCEL'S',' :517-241-:50 8:520-011- 07-, 14~ IA5
22 I 25 PARCEL'A" :520-011 -07~ 13
1112.2~20,' :517.5_~ ,
27
N89° 52' W N89° 52 20 W
PARCEL B
AREA - 1:5.60
ACRES
.FuTURE- SOUTH poWAY PAR
L
\, R
OLD BOUNDARY
LEGEND:
/~ ..NEW BOUNDARY
..... -OLD BOUNDARY
ADJUSTED /
0.84 AcR PARCEL
~ AREA-150.75 A S
E 252.47'~.-~ OLD
~BOUNDARY
HEALTH DEPARTMENT CERTIFICATION
FOR DEPARTMENTAL USE'ONLY
Prelim. Fee. F[nal Fee,
Rec. No. Rec. No.
ADDle:SS 2727 HOOVER AVENUE
CI'l~ NATIONAL CITY, CA. 91950
ADDRESS 1:5:525 CIVIC CENTER DRIVE
CITY pOWAY~ CA. 92064
Ok111CR McMILLIN EQuITy PARTNERS II
PHONE Hq, {619! 477-4117
~WNER POWAY REDEVELOPMENT AGENCY ( PCL B )
DEkJ/dI~ O'NEIL I~.C.E. 42-/IO SIGNATURE
PREPARED BY NIETO CONSULTING EN(~INEERS
..9&70 8/JSINE55PAI~K AVE,STE. IlO, $.D,~A. ~Z{~t
m
4/12
EXHIBIT "A" Resolution No. 92-188
Page 4
CITY OF POWAY
PLAT
1,400 FT.
~70.G8'
POMERADO SHEET 2 OF 2
BOUNDARY DATA TABLE
I0
D,E LTA / BEARING
S40* 4~' 5~" E
.... ~' ,?' 5~" .
9' 46' 45"
S ~' ~r
16' O0~ 4~"E
RADIUS
LEI~GTH/DISTANCE
129.~
IOq .71
1961.50
554,77
40.00 65 57
5 Iq.51
N ~7*ZG' ~O"e 50.G4.
N ,~,0' 4.8' ~2"w iZ3. O&
105o.00 102.0~'
470.0ct'
470.0~'
VICINITY MAP .,_/'
NO SCALE
· EXHIBIT "A"
Resolution No. 92-188
Page 5
THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 14 SOUTH,
RANGE 2 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED
NOVEMBER 19, 1880, DESCRIBED AS FOLLOWS:
COMMENCING AT THE POINT OF INTERSECTION OF THE NORTHERLY LINE OF SAID SECTION
26 WITH THE CENTERLINE OF THAT CERTAIN 60-FOOT EASEMENT FOR ROAD PURPOSES
(KNOWN AS OLD POMERADO ROAD) DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO,
RECORDED APRIL 4, 1924 IN BOOK 751, PAGE 869 OF DEEDS IN THE OFFICE OF THE
RECORDER OF SAN DIEGO COUNTY, SAID POINT OF INTERSECTION BEING ALSO THE MOST
NORTHEASTERLY CORNER OF THAT LAND GRANTED TO POWAY REDEVELOPMENT AGENCY
DESCRIBED IN DEED RECORDED AUGUST 17, 1989 AS FILE NO. 89-440162 OF OFFICIAL
RECORDS IN THE OFFICE OF THE RECORDER OF SAN DIEGO COUNTY; THENCE SOUTH
37026'30" WEST ALONG THE EASTERLY BOUNDARY OF SAID POWAY REDEVELOPMENT
AGENCY LAND, 274.53 FEET TO THE SOUTHWEST CORNER OF THAT LAND DESCRIBED AS
PARCEL "A" IN DEED RECORDED SEPTEMBER 17, 1991 AS DOCUMENT NO. 1991-0476294,
BEING ALSO THE TRUE POINT OF BEGINNING; THENCE SOUTH 37026'30" WEST
CONTINUING ALONG SAID EASTERLY BOUNDARY 27.21 FEET TO AN ANGLE POINT
THEREON; THENCE SOUTH 21 °55'03" WEST, 248.00 FEET TO THE SOUTHWEST CORNER OF
SAID POWAY REDEVELOPMENT AGENCY LAND; THENCE NORTH 89o50'57" WEST ALONG
THE SOUTHERLY LINE THEREOF, 252.47 FEET; THENCE LEAVING SAID SOUTHERLY LINE
NORTH 52o31'37" EAST, 148.35 FEET; THENCE NORTH 60040'53" EAST, 146.18 FEET;
THENCE NORTH 13°21'20" WEST, 85.55 FEET TO A POINT ON A NONTANGENT 6000.00-
FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL FROM WHICH BEARS NORTH
2°43'01" WEST, THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 00°14'26" AN ARC DISTANCE OF 25.19 FEET; THENCE NORTH 87031'25" EAST,
111 .10 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINS 0.841 ACRES (MORE OR LESS)
THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION.
BY
MANUEL E. NIETO R.C.E. 30724 ~~~ DATE
REGISTRATION EXPIRES MARCH 31, 1996